An employee whose contract of employment provides for a salary greater than $187,800.00 cannot have the Commission decide whether they have been unfairly dismissed or have been denied a benefit to which they are entitled under their contract of employment.

Section 29AA(3) and (4) of the Industrial Relations Act 1979 (WA) provides that the Commission must not determine a claim for harsh, oppressive or unfair dismissal or a claim for a denied contractual benefit if an industrial instrument does not apply to the employment and the contract of employment provides for a salary which exceeds the prescribed amount.

What is meant by an industrial instrument is defined in section 29AA(5) of the Industrial Relations Act 1979 (WA) and was discussed by the Full Bench in Thomas Quinn v Kalgoorlie Consolidated Gold Mines Pty Ltd [2006] WAIRC 05220; (2006) 86 WAIG 2725.

The prescribed amount of the salary is determined by Regulations 5 and 6 of the Industrial Relations (General) Regulations 1997 (WA). The amount is adjusted each year on 1 July.

The figure that will apply from 1 July 2023 has been calculated by the Registrar as being $187,800.00. The amount is a matter for the Commission to determine so this figure must be seen as a guide, until such time as the Commission may determine a different amount.

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